Hawn v. Malcolm
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Stephen V. R. Malcolm and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 5th day of February, 1915, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 13th day of February, 1915, denying defendants’ motion for a new trial made upon the minutes.
1Per curiam
We think appellants’ exceptions at folios 917 and 927 of the record on appeal present errors in the submission of the case to the jury which require a reversal of the judgment herein. The learned trial court in its charge first instructed the jury as to the several allegations of negligence contained in the plaintiff’s complaint, and then charged the jury generally that if they should find that the death of plaintiff’s intestate was due to negligence on the part of the defendants in any of the respects claimed by plaintiff, then plaintiff was entitled to recovery. Among other things the court…
2Cases cited1 opinion
- Jennings v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by3 opinions
- Piper v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1918
- Capella v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Tullish v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1951